Fla. Court Affirms Ruling Against Seller in Dispute Over Disclosures, Deposit

May 31, 2005

Article from IEQ Review (

P) May 18, 2005

by Publishing

LAKELAND, Fla. â€” A Florida Appeals court on March 30 affirmed a lower court

order in favor of a man who backed out of a sales agreement and sued for the

return of his deposit when he learned a condominium unit had undisclosed water

and mold problems. Postregna v. Tanner, No. 2D03-4592 (Fla. App., 2nd Dist.).

Hans Tanner sued Postregna for return of a $350,000 deposit he had made

when he agreed to purchase Tanner's condo for $3,575,000. Postregna

complained that he didn't find out until after agreeing to the purchase that the

unit

had mold and air quality problems stemming from significant water damage.

In a nonjury trial, Judge Ted H. Brousseau of the Circuit Court for Collier

County found that Postregna had failed to disclose material conditions to

Tanner, and breached his obligation of good faith by denying Tanner's request to

postpone settlement while Tanner arranged for another inspection. The court

awarded $350,000 plus prejudgment interest.

In affirming the judgment for Tanner, The 2nd District Court of Appeal found

'substantial, competent evidence' to support the judgment.

The court also vacated the award of prejudgment interest, noting that the

parties agreed the lower court erred in finding they had stipulated in the sales

agreement to the manner in which interest would be calculated. The court

remanded for recalculation of the interest.

Tanner is represented by L. Boldt of The Boldt Law Firm in Boca

Raton, Fla., and the firm of Seidensticker & San Fillippo in Naples, Fla.

Jon D. Fishbone and Marc A. Huline of Roetzel & Andress in Naples represent

Postregna.

Â

# # #

Pure Air Control Services, Inc.

1-800-422-7873

Â

Published by Pure Air Control Services

Powered by IMN

Recommended Posts